Section 216.110  Address Confidentiality Program Participants

 

a)         Definitions.  As used in this Section:

 

"ACP" or "Program" means the address confidentiality program administered by the Office of the Attorney General pursuant to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act [750 ILCS 61].

 

"ACP Participant File" is a secure, password protected list of program participants supplied to the Board by the Office of the Attorney General.

 

"Act" means the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act [750 ILCS 61/30].

 

"Board" or "SBE" means the Illinois State Board of Elections.

 

"Local System" means a local voter registration system, including associated applications, databases, and websites, or a combination thereof, necessary for proper data collection, data sharing, and interfacing necessary to perform functions related to federal, State, and local elections.

 

"Mark for Redaction or Exclusion" means an indication in a voter registration system that a registered voter is an ACP Participant or a shared household member.

 

"Participant" or "ACP Participant" means a person enrolled in the address confidentiality program administered by the Office of the Attorney General pursuant to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act [750 ILCS 61].

 

"Personally Identifiable Information" means an individual's first name or first initial and last name in combination with the individual's:

 

full or partial Social Security Number;

 

driver's license number or State identification number; or

 

any combination of a full or partial Social Security Number, driver's license number, or State identification number.

 

"Political Activity" means an action taken under the Illinois Election Code, other than registering to vote and voting, which necessitates the disclosure of the actor's name and address or name and residence address.  Political activity includes, but may not be limited to, contributing $150 or more to a candidate for political office or a political committee, filing an objection to a candidate's nomination papers, or signing a nominating petition for which SBE is the filing entity.

 

"Redact" means to remove an individual's address or residence address information from an otherwise publicly available document or database.

 

"Shared Household Member" means an individual who lives at the same residence address as a participant but who is not a participant.

 

"Statewide System" means the statewide voter registration system created and maintained by the Board pursuant to Code Section 1A-25, including associated applications, databases, and websites necessary for proper data collection, data sharing, and interfacing.

 

b)         ACP Program Participation

 

1)         The ACP Voter Registration Application is available only to ACP participants and only from the Office of the Attorney General.

 

2)         At the time of application for the ACP Program, the participant will receive from the Office of the Attorney General the ACP Voter Registration Application, the name and address of the participant's local election authority, and the list of political activities.

 

3)         When registering to vote, each ACP participant must provide the participant's residential address on the ACP Voter Registration Application.

 

4)         The ACP Participant must mail or deliver the completed ACP Voter Registration Application to the participant's local election authority for processing and voter registration.    

 

5)         If an already registered voter becomes an ACP participant, the participant must re-register to vote using the ACP Voter Registration Application.  The ACP Voter Registration Application must be mailed or hand-delivered to the participant's local election authority for processing and re-registration to vote.

 

6)         While enrolled in the program, any ACP participant who changes residence address shall be required to update the participant's residence address with the local election authority by filing a completed paper ACP Voter Registration Application. 

 

7)         An ACP participant must vote by mail for the participant's name and residential address to remain confidential.

 

8)         As detailed in subsection (c)(11), the Office of the Attorney General will provide each ACP participant with an informational sheet listing common types of political activity that could lead to the publication of a participant's address or residence address. An ACP participant must inform the Office of the Attorney General or SBE immediately after engaging in such political activity. If the participant fails to provide this timely notification, the SBE cannot guarantee the redaction of the participant's information from otherwise publicly available documents.  The political activity contemplated by this subsection does not include registering to vote or voting by mail.

 

c)         Agency Administration of ACP Program

 

1)         The SBE shall develop and supply to the Office of the Attorney General an approved ACP Voter Registration Application for the sole purpose of registering or re-registering ACP participants to vote. 

 

2)         The ACP Voter Registration Application shall be consistent in form with the paper registration form otherwise supplied by the SBE, except that it shall be printed on red paper and require the ACP participant to supply the participant's relevant ACP information detailed in subsection (c)(6). The ACP Voter Registration Application shall be made available only in paper format.

 

3)         The SBE will not distribute the ACP Voter Registration Application to any party other than the Office of the Attorney General, including to ACP participants.

 

4)         Together with the Office of the Attorney General, the SBE shall establish a secure format and method of communication with the Office of the Attorney General to receive ACP participant files. 

 

5)         The Office of the Attorney General will use the method of communication established by subsection (c)(4) to supply the SBE the updated ACP participant file at least monthly.

 

6)         The ACP participant file shall contain enough information for the SBE to identify ACP participants and shared household members in the statewide system and must minimally include the ACP participant's and shared household member's:

 

A)        First name;

 

B)        Last name;

 

C)        Current residence address;

 

D)        Date of birth;

 

E)        ACP authorization number;

 

F)         ACP certification date; and

 

G)        ACP cancellation date, if applicable.

 

7)         Upon receipt of the ACP participant file, the SBE shall take reasonable steps to mark for redaction or exclusion in the statewide system within 5 business days the registration records of ACP participants and shared household members found to be in any active, inactive, pending, or cancelled status at the address supplied on the ACP participant file.

 

8)         The SBE will communicate at least twice annually with local election authorities, using local voter identification numbers or other unique identifiers excluding personally identifiable information, about ACP participants and shared household members known to the SBE that may need information redacted by the local election authorities in the local systems.

 

9)         Upon receiving notice of an ACP cancellation date for an individual on the ACP participant file, the individual shall be deemed to no longer qualify for redaction or exclusion as of the date of that notice. The SBE will remove the mark for redaction or exclusion for the individual from the statewide system within 30 business days of receipt of the ACP participant file or written request from the Office of the Attorney General.

 

10)       Upon receiving notice of an ACP cancellation date for an individual on the ACP participant file, that individual's shared household members shall be deemed to no longer qualify for redaction or exclusion if there are no additional active ACP participants residing at the address. In such a case, the SBE shall remove the mark for redaction or exclusion for shared household members from the statewide system within 30 business days of receipt of the ACP participant file or written request from the shared household member or the Office of the Attorney General.

 

11)       SBE shall provide an informational sheet to be distributed by the Office of the Attorney General to all current and future ACP participants that details political activity that could lead to the publication of a participant's residence address. This sheet shall instruct an ACP participant to notify the Office of the Attorney General or SBE when the participant engages in political activity in order to allow SBE to redact the participant's address from public documents.

 

d)         Local Election Authority Administration of ACP Program

 

1)         A local election authority who receives an ACP Voter Registration Application shall ensure prompt registration or re-registration, as applicable, and mark the voter's name and address for redaction or exclusion within the local system and the statewide system within 5 business days of receipt.

 

2)         A local election authority who receives a voter registration application from an ACP participant from any means other than the ACP Voter Registration Application will not be held responsible for a failure to ensure timely redaction. Once a local election authority is notified of an existing ACP participant with an ACP authorization number, the local election authority shall take reasonable steps to mark the voter's name and address for redaction or exclusion within the local system and the statewide system within 5 business days of the date of the notification.

 

3)         Upon notice from the SBE that a voter is an ACP participant or shared household member, the local election authority shall provide written confirmation to the SBE that the information of the ACP participant or shared household member has been marked for redaction or exclusion in the local system within 3 business days.

 

4)         Upon receiving notice of an ACP cancellation date for an individual on the ACP participant file, the individual shall be deemed to no longer qualify for redaction or exclusion from the local system. In such a case, the local election authority shall remove the mark for redaction or exclusion for the individual from the local system within 30 business days of receipt of the ACP participant file or written request from the Office of the Attorney General.

 

5)         Upon receiving notice of an ACP cancellation date for an individual on the ACP participant file, that individual's shared household members shall be deemed to no longer qualify for redaction or exclusion if there are no additional active ACP participants residing at the address. In such a case, the local election authority shall remove the mark for redaction or exclusion for shared household members from the local system within 30 business days of receipt of the ACP participant file or written request from the shared household member or the Office of the Attorney General.

 

e)         Lists of Registered Voters Created and Maintained Through the Statewide System.  As a result of enrollment in the ACP program, the name and address or residence address of a participant and every shared household member will be subject to exclusion or redaction by the SBE from otherwise disclosed lists of registered voters.

 

1)         The SBE shall take reasonable steps to ensure records marked for redaction or exclusion of ACP participants and shared household members will not be available via public search of the statewide system, any searchable, public page on its website, public dissemination of voter files, or any other electronic or nonelectronic information accessible by the public, including requests made under the Freedom of Information Act [5 ILCS 140].

 

2)         The SBE shall redact name and address information belonging to an ACP participant or shared household member in voter information sent to any outside governmental or nongovernmental entity, including, but not limited to, responses to requests under the Freedom of Information Act [5 ILCS 140], except as permitted by Act Section 30(b) to a requesting law enforcement agency or to an entity directed by a court order.

 

3)         Redaction or exclusion shall be maintained regardless of the ACP participant's voter registration status (e.g. active, inactive),

 

4)         State and local political committees' access to ACP participant and shared household member information pursuant to Sections 1A-25, 19-4, and 19-7(b) of the Election Code [10 ILCS 5] shall be limited as follows:

 

A)        The SBE shall redact the following information, to the extent published, from lists available to State and local political committees:

 

i)          SUID;

 

ii)         First name, last name, middle initial;

 

iii)        Residence address;

 

iv)        Mailing address;

 

v)         Date of birth; and

 

v)         Email address.

 

B)        Accordingly, the only ACP participant or shared household member information appearing on lists of registered voters made available to State and local political committees pursuant to Sections 1A-25, 19-4, and 19-7(b) of the Election Code shall be limited to the following:

 

i)          Jurisdiction;

 

ii)         Party, if applicable;

 

iii)        Ballot request date;

 

iv)        Ballot return date; and

 

v)         Ballot rejected, if applicable.

 

C)        In the event the information included within lists of registered voters made available to State and local committees pursuant to Sections 1A-25 and 19-4 of the Code changes, the SBE shall redact all identifying and contact information associated with an ACP participant and shared household member.

 

f)         Lists of registered voters created and maintained through a local system.  As a result of enrollment in the ACP program, the name and address or residence address of a participant and every shared household member will be subject to exclusion or redaction by the local election authority from otherwise disclosed lists of registered voters.

 

1)         Local election authorities are responsible for maintaining a local system capable of redacting and excluding every ACP participant or shared household member's name and address from any form of public inspection, including, but not limited to, voter registration cards, pollbooks, lists of early voting, grace period on election day, vote by mail lists, and requests made under the Freedom of Information Act [5 ILCS 140].

 

2)         The name and address of every program participant and shared household member shall be excluded from any list of registered voters, vote by mail lists, or permanent vote by mail lists published pursuant to the Election Code. 

 

3)         A local election authority shall redact the name and residence address information belonging to every ACP participant or shared household member in voter information sent to any outside governmental or nongovernmental entity, including, but not limited to, responses to requests under the Freedom of Information Act [5 ILCS 140], except as permitted by Act Section 30(b) to a requesting law enforcement agency or to an entity directed by a court order.

 

4)         Redaction or exclusion shall be maintained regardless of the ACP participant's voter registration status (e.g. active, inactive),

 

5)         Election Authorities and Election Judges

 

A)        ACP participants and shared household members' names and residence addresses shall not be redacted or excluded from the voter file or lists of registered voters created and maintained by election authorities for the purpose of registering or re-registering ACP participants to vote or for processing participants' vote by mail ballots. 

 

B)        Election authorities and election judges shall not disseminate any ACP participant's or shared household member's name, address, or other personally identifiable information and ACP participant information should only be accessed to register or re-register a participant or to process participants' vote by mail in accordance with Section 19-8 of the Election Code [10 ILCS 5].

 

g)         ACP Participants and Disclosable Political Activity.  Upon notification pursuant to subsection (b)(6), SBE shall redact the address information of ACP participants and shared household members whose addresses would otherwise appear in public documents as a result of political activity. Neither the ACP participant's nor shared household members’ names will be redacted from disclosures of disclosable political activity. These public documents include, but are not limited to, campaign disclosure reports filed under Article 9 of the Election Code and nomination petitions filed with the SBE.

 

h)         Upon receipt of notice that an ACP participant or shared household member has signed a nomination paper filed with a local election authority or local election official, the SBE shall notify the relevant local election authority or local election official within 3 business days of receiving such a notice.

 

(Source:  Added at 50 Ill. Reg. 142, effective December 17, 2025)